Eviction of my purchased house from my ex wife
Ajay Kumar Reddy
(Querist) 03 May 2014
This query is : Resolved
Sir I have purchased my house from Bhilai Steel Plant on lease scheme. I have taken the loan from ICIC Bank. With my wife diputes started then i filed Divoce case on crulty ground on 2006. When i filed my divrce petition she broken the lock and enetered in my house. From that time she is in my purchased house. I got divorce on April 2010 from Family court, then she appeal to the HC also, The judgement of divorce goes in my favour. In my divorce case it is clearly written that my ex wife Unauthorised my purchased houe. In between she has given the complaint of 498 also. I got judgment in my favor on 17/02/2014. In 498 judgement also written that she unauthorised captured my house. She is working so she does not get maintaince. Now as per all experts advise i am going to file eviction petition agianst my ex wife. But recently i read one Judgement of SC regarding Eviction of EX wife, Case no. 9748 of 2011 Ranjit Kaur Vs Major Harmohinder . In this judgement Ex wife can not evit forcefully.
So please clearify following:-
1. Please explin what is the eviction suit property accordance with law?
2. In this Judgement on line is written that liberty to forcibly to evict house by her.
3. So I am in delimma that what i will do?
4. Sir, I am paying EMI of my loan, I am paying electicity bill, lease amount and water consumption bill. She enjoyed nicely my home and i am residing with my parents. SO weather file of eviction suit is right procedure or what i will do?
Please suggest me
Regards,
Ajay Reddy
Devajyoti Barman
(Expert) 03 May 2014
It appears you have wrongly understood the decision. Forcible eviction is not permissible against any person let alone a ex-wife.
What the court said that husband will have to follow the procedure of law to evict his wife and can not use any extra judicial means.
So remove your worries and file a suit for eviction against her.
Dr J C Vashista
(Expert) 03 May 2014
I fully agree with the expert advise of Mr. Devajyoti Barman. As you are taking due course of law for eviction of your ex-wife, where is the question of illegality ? No dilemma existed in your case, proceed with full force. You are entitled for a decree in your favour to evict her being owner and your self-acquired property.
Sankaranarayanan
(Expert) 03 May 2014
I do agree with experts. You wrongly understood the SC judgmment. File the case at your ealiest
ajay sethi
(Expert) 03 May 2014
agree with Mr barman
Rajendra K Goyal
(Expert) 03 May 2014
Agree with the experts.
May think of selling the house.
Ajay Kumar Reddy
(Querist) 04 May 2014
thank you very much experts, Mr. Rajendra Goyal sir, i have tried so much for selling the property but that house occupy by a lady so every 1 r fear to purchase it. my ex wife record is very much aggressive and terriffic so at last as per all expert suggestion i m going to file eviction. Once again thank you very much.
T. Kalaiselvan, Advocate
(Expert) 05 May 2014
Yes, as advised by experts, you may evict her by due process of law only by filing an eviction suit.
dr g balakrishnan
(Expert) 11 May 2014
why don't try to compromise with your ex wife as you seem not again married. that way you can short circuit all your problems, marriage is not based on moneys but just love to live with each other meaningfully. that is the object of life, marriage is not moneys, as today we see husband wants wife to earn, why she should earn as she as a housewife would be with full of work to care take the house and children;
if not prepared to cut your coat according to cloth available your life is going t be perpetually miserable, by running to several courts and lawyers, what would you achieve, think over by standing and stare at yourself and determine yourself what you want misery or peaceful life! i do not know what you would chose, my friend!
